Santosh Kumar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1950 of 2019 Arising Out of PS. Case No.-169 Year-2018 Thana- PATEPUR District- Vaishali ======================================================

1. Santosh Kumar, Son of Haricharan Ray,

2. Santosh Sharma, Son of Ram Udesh Ray @ Ram Udesh Sharma Both resident of Village- Bardiha, P.S.- Patepur, District- Vaishali. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ansul, Advocate For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 15-01-2019 Heard learned counsel for the petitioners and State. The petitioners are in custody in connection with Patepur P.S. Case No.169 of 2018 for the offence under Sections 414/34 the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners have got no criminal antecedent and they are in custody since 04.10.2018. He submits that the petitioners were apprehended in this case on suspicion that the Hero Honda Motorcycle was stolen one. He further submits that in absence of ingredients of offence of theft in the F.I.R., the case for the offence under Section 414 is not sustainable. Considering the fact that the petitioners have got no criminal antecedent and they are in custody since 04.10.2018,

Patna High Court Cr.Misc. No.1950 of 2019(2) dt.15-01-2019 2/2 the petitioners, named above, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-X, Vaishali at Hajipur in connection with Patepur P.S. Case No. 169 of 2018. (Anil Kumar Upadhyay, J) uday/- U T